Pastor Who Claimed He Raped Teenage Boys to Keep Them "Sexually Pure" Will Not Serve Jail Time

Source: AlterNet

Iowa's "rape the gay away" pastor gets his sentence reduced and visitation rights with his children.

September 12, 2013 |

Iowa pastor and youth counselor Brent Girouex, who claimed with a straight face that he was trying to "cure" teenage boys of their "homosexual urges" by having sex with them, has had his sentence reduced from 17 years in prison to sex offender treatment and probation.

Since Girouex confessed to having sex with four underage boys, eight additional young men have come forward saying they were sexually violated by the 31-year-old pastor.

Girouex, who is not longer a pastor at the Victory Fellowship Church, believed that he could rape away the gay by "praying while he had sexual contact" with the boys, all in an effort to keep them "sexually pure" for God.

According to reports, he told police that "when they would ejaculate, they would be getting rid of the evil thoughts in their mind."

19. Absolutely.

Where are these judges coming from and whose law are they using to sentence these perps? This guy admitted it and gave a reason and he still gets no jail time? Raping for Jesus is now OK? Those poor boys.

21. Our society has been in crazy territory for quite sometime, ...

Slavery for the first 250+ years, women not allowed to vote until the 1920's, eugenics laws practicing forced sterilization in 42 states through the 1940's and some as late as the seventies. Then the push in the seventies preventing free choice culminating with Roe v Wade. Add in corporate person hood with equal rights, and the Christian fundies that still control the politics and laws in southern and bible belt states, and you still have a whole bunch of crazy, alive and well if not swell, in the US.

68. What do you mean here, it seems to contradict your post:

Then the push in the seventies preventing free choice culminating with Roe v Wade.

It's not the same languge I would use. To me, the push preventing free choice are personhood bills. Miscommnication, I guess. Otherwise, great post and it needed to be said about our history. Thanks for that...

75. they are delusional

they believe a special diety in the sky created the world in 8 days, they are fucked in the head, they believe this diety gives them the power to make people sexually pure by raping them and the christian judge AGREES because they think the pastor is doing god's work. This is why i am athiest, because god would be a truly sadistic bastard if he really existed, only a sadist would create gay teens so that they could have their gayness raped out of them by a male pastor. God if he existed = a sick fuck

709.2 Sexual abuse in the first degree.
709.3 Sexual abuse in the second degree.
709.4 Sexual abuse in the third degree.

709.15 Sexual exploitation by a counselor, therapist, or school employee.

What you generally pick up is that, in general, the "age of consent" is sixteen, as the last age-dependent category is that of a person who is more than four years older than a 15 year old (in other words, a 19 year old may lawfully have sex with a 15 year old).

I haven't seen any reports which are specific about ages other than "teen" - which can include anything from 16 to 19, and with whom, but for 709.15, sexual relations would not be unlawful.

At least one story does mention that what he specifically pled guilty to was 709.15, which says:

2. Sexual exploitation by a counselor or therapist occurs when any of the following are found:

a. A pattern or practice or scheme of conduct to engage in any of the conduct described in paragraph “b” or “c”.

b. Any sexual conduct, with an emotionally dependent patient or client or emotionally dependent former patient or client for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the emotionally dependent patient or client or emotionally dependent former patient or client, which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.

c. Any sexual conduct with a patient or client or former patient or client within one year of the termination of the provision of mental health services by the counselor or therapist for the purpose of arousing or satisfying the sexual desires of the counselor or therapist or the patient or client or former patient or client which includes but is not limited to the following: kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act as defined in section 702.17.

Sexual exploitation by a counselor or therapist does not include touching which is part of a necessary examination or treatment provided a patient or client by a counselor or therapist acting within the scope of the practice or employment in which the counselor or therapist is engaged.

Now what it looks like, and this is just a wild-ass guess, is that this whole business of having sex being part of the therapy is designed to fall into the exception in 709.15 which I've highlighted.

In other words, leaving aside the entire issue of age, as none of the articles seems specific about that, you have a situation where a guy was using his position as counselor to obtain sex from his patients. Ah, but what if the "therapy" included, as a necessary component, having sex with the patients!

Now, sure, someone could say that's just right round the bend nutty, but when you throw in a "religious" component to it, then there is no end to what would otherwise be nuttery that is transformed, by the good old First Amendment, into a protected practice.

31. Thanks

Exactly what I was looking for. But it raises a few questions. The UPI story is recent, but this story is a year old. Technically, the UPI story isn't a news story, but a reporter's blog post, a distinction some might argue about.

I am baffled as to why this is only surfacing now, a year later. The story you link to ends kind of abruptly and lacks any detail as to the judge's justification for reducing the sentence from 17 years to 5 years probation. Also, there is no discussion of community reaction to the sentence, no interviews with church members, victims, the DA, police etc.

37. Interesting. I hadn't checked the dates.

UPI blog dated today links to Wisconsin Gazette story from 2011. Alternet story from today quotes (but doesn't link to) KCCI (Des Moines, IA) story from 2012. Also there's a KRMG (Tulsa, OK) story dated three days ago that links to the same 2012 KCCI story. The KCCI story links to the KETV (Omaha) story that I linked..

Looks like KRMG resurrected this story on Sept. 9, 2013 for unknown reasons, and then it spread to UPI, alternet, etc. The KRMG story says that the sentence reduction occurred "last week", but it links to the KCCI story from March 2012 which says that the sentence reduction occurred "Wednesday."

40. Very bizarre indeed

This guy is no different than Sandusky, who is likely never going to get out of prison. And yet, such a difference in the media coverage. Or maybe that's the crux of the issue. Would this sentence have been reduced if this story had gotten national attention?

Reviewing this could this be a Law School Exam question? After studying the relevant statutes some professor came up with a Hypothetical situation for his students to discuss and somehow that question ended up on the net and someone took it is a real story? It has all the elements, the teens could be over 16 and thus if they agreed to the sex it is NOT a violation of any law in Iowa UNLESS it is sex with a counselor that is NOT part of a treatment plan? Narrow exception to a narrow exception. Typical question, may even have been on the Bar exam.

While it could be a law review question, the Defendant appears to be real:

15. No mention of who this judge was, but this is interesting...

"Girouex, a married father of four, has had a fair share of backlash since he publicly made his disturbing practices known. One of his most ardent opponents is his wife Erin, who has spoken out against both him and the reduced sentence he received after the initial 17 years he was to serve in prison.

"I don't want anywhere near him," Erin Girouex said to KCII local news. She stated that she has plans for divorce, but that her husband's wanting to see their kids has complicated matters. Currently, he has a court-ordered, twice-per-month visitation schedule, where he must be supervised by his own mother."

COUNCIL BLUFFS, Iowa —A mother who has to tell her children that their father is a sexual predator expresses courage and condemnation, reported KETV-TV.
...

Girouex pleaded guilty to sexual abuse in the third degree. He also entered an Alford plea on two counts of sexual exploitation by a counselor or therapist, admitting prosecutors had enough evidence to find him guilty. One charge is a felony, and the other is a misdemeanor.

A judge issued a 17-year prison sentence Wednesday, but then suspended it to allow Girouex to get sex offender treatment and probation. Girouex's probation will last five years -- the maximum allowed by law. Girouex will also be under the supervision of the Iowa Department of Corrections for the rest of his life, as part of the state's special sentence for sex offenders,

Erin Girouex, the pastor's wife, said Thursday probation is not enough. She joined the victims to say they are frustrated. She also said victims of sexual misconduct should not be afraid to come forward, despite what happened in court.

HAMBURG (AP) - A Fremont County judge has dismissed an effort to remove a southwest Iowa mayor who was accused of animal cruelty and stealing city funds.

The Iowa attorney general's office filed a petition in November to remove Hamburg Mayor Terry Holliman from office. It was filed after Holliman was charged with stealing and misappropriating about $50,000 from the city of Hamburg.

District Court Judge Greg Steensland dismissed the petition this week, marking the third and final legal battle Holliman has faced and won.

Animal abuse charges against Holliman were dismissed July 9th, and he was found not guilty of the felony theft charges in April.

The judge cited the acquittal as one of his reasons for dismissing the petition. He says Holliman could only be removed if he were proven guilty.

59. Life In Prison

This guy should have been given life in prison. There is no reason this guy should not be in prison. Even if this guy believed what he said he still should have gotten more than sex offender treatment, probation, or 17 years in prison.

65. Still struggling to make sense of this ...

A former youth pastor, accused of sexual abuse of young men, is sentenced as his victims and their families watch.

Brent Girouex was given the maximum sentence, then it was suspended a move that upset many of his victims and their families.

Girouex entered the courtroom facing up to 17-years in prison but walked out with the very real possibility of never having to spend a day behind bars.

Judge Steensland suspended the prison time and opted for a lifetime of supervised probation.

Judge Greg Steensland says, "Can I put together a sentence that shows that not only do we care about your personal rehabilitation but we care about the message it sends to society and society needs to feel protected from you."

Several of his victims came forward to describe how Brent Girouex manipulated them into sexual relationships under the guise of counseling them.

The prosecutor worries about the message the sentence sends.

Dan McGinn says, "People will look at this as a slap on the hand, when you give a guy street probation and he avoids prison some other victim being picked on by a teacher of a counselor may say well I'm not going to say anything because nothing is going to happen anyway."

The defense pointed out that only one of Girouex's victims was under the age of consent and all of them returned for more counseling sessions with Girouex.

The defense and sentence, according to the victim's pastor, combined to re-victimize the young men.

Rev. Lonnie Parton says, "Their interpretation of this is that justice isn't being done."

Any violation of the conditions of his probation could result with Girouex serving that 17-year sentence.

73. Judge must be a pedophile

Any judge that would hand down a sentence like probation for this crime Has got to be a pedophile himself. No normal thinking person would even consider probation for this criminal. He needs to spend thirty years behind bars. And the judge should too.

74. christians are strange

christians rape away gayness by forced gay sex after their god makes people gay in the first place? so god makes boys gay so that preists can have fun raping them so the boys will no longer be gay.....

77. Can you remind me of the age of sexual consent in France?

France is a strange place. They harbor a US film director who raped a 14 year old girl because French people like to have sex with 14 year olds so much, they made it legal and treat Roman Polanski as a national hero.

Aren't generalizations fun?

What this guy did would not even be illegal in France in the first place.

79. france is fucked for harbouring polanski

and 15 is the age of consent in France, what he did would have been illegal by French law, but he also drugged the girl, and drugging someone under age 18 is VERY illegal in France, hell sharing drugs with another adult is illegal here

15 in France, 16 in most states in the USA (used to be 13 or 14 in some states until recently)
in the EU it ranges

Czech Republic, Romania, Slovakia, Sweden, Slovenia, Poland, France, Greece, Monaco, and Denmark 15 (but as a teacher i cant have sex with my students until they are 18, my wife was 23 when we started being lovers, she was one of my students at a university )

and the catholic priests over here rape little boys in the name of god as they do in the usa, its sickening, and its a big reason why so many french people are no longer catholic, the catholic church is an embarassment

and yes french people are weird, strange, i have had to put up with them the last ten years of my life, you know the worst thing about france is french people dont you

94. I ended up reading Canon law, and the Vatican puts it at 15

People tend to forget the Common Law Rule was age 12, and that was the rule in most of the world till the 1800s. No one liked it and it started to go up at that time period, but even today there are countries with age 12 as the age of consent.

Also, till the late 1990s it was legal for 12 years to entered into a Common Law Marriage in Pennsylvania. The Pennsylvania Supreme Court made that ruling in the late 1990s for the State Legislature had NEVER addressed Common Law Marriage and thus the Court ruled the age one could enter was the age one could enter under the Common Law and that was age 12. Once married you could have sex with your married partner (the Case involved a teacher and his 12 year old student, he walked for the Court ruled it was legal for him to have sex with his wife for Common Law Marriages were legal in Pennsylvania at that time and the age one could enter into a Common Law Marriages was 12 and no parental consent was needed).

Side Note: A Colorado Judge made a comment some years ago that the Colorado rule on Common Law Marriage was the same as Pennsylvania's had been (Pennsylvania has since abolished common law marriages, but they are still valid if formed before 1/1/ 2005). Thus the ability to marry under a Common Law Marriage could still be age 12 in Colorado (He was trying to be nice, in reality he was saying a similar case could arise in Colorado and the Colorado Supreme Court will have to rule the same way for the Colorado Legislature had not addressed the problem).

Texas is another Common Law Marriage State, but I am unfamiliar with its rules, but that implies the age to consent to Marriage in the US may still be age 12 in some states.

85. This story is from March 2012...and is almost unverifiable..could be a fake...

but there is very little from that date around. It could be a fake. It seems to have been picked up a couple of days ago, as current news...by many outlets..but.. all stories seem to come from this March story.. Yes, there is a church web site, but at that location in Iowa, it is hard to tell there is a church. If the story is from 2012, there would be lots of other stories from newspapers all over Iowa. Nope, none. Interviews with wife..nope.. Judges name?...nope..I did see he was supposed to be under supervision of someone..for the rest of his life..but...not enough about this one..Sounds too crazy to be true. Especially since it happened in March 2012 and had little coverage then...
also.........there is very little from March about... this fellow.....Brent Girouex....who did this crime...yes, there is a lot about it now..if it was picked up by mistake as a hoax...but what about in March 2012???

92. Sounds like a Bar Exam Question

A narrow exception to a narrow exception. In Iowa it is legal to have consensual sex with anyone over age 16, EXCEPT if you are a Counselor. As to the Counselor exception, if the act is part of the treatment is is also excepted. Given that being the law, what if sex is part of the treatment plan of the Counselor? Is it legal? It was consented to (no one is saying otherwise) and if the victims were over 16 it would be legal EXCEPT if the person having sex is a counselor. On the other hand if the Counselor is using actual sex as part of his plan of treatment, does that not make it meet the exception to the exception? Then throw in Freedom of Religion to confuse the issue some more, for a counselor can be a religious leader.

A good law school question, gives the student a lot to work with. In real life rarely the case but could be a law school exam question, even a BAR exam question that somehow entered the net and someone took it as real. Worse if a bunch of law students started it as a debating point and added facts as other entered whatever forum it was in that made it more and more like a real shocking case.